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38 1923

THE PREVENTION OF ELECTORAL ABUSES ACT, 1923

PART II.

Illegal Practices.

Excessive employment or payment to be illegal practice.

8. —(1) Subject to such exception as may be allowed in pursuance, of this Act, no person shall be employed by a candidate at an election, or by his agent, in any capacity in relation to the conduct or management of such election in excess of the maximum number of persons authorized by this Act to be employed in that capacity.

(2) Subject to such exception as may be allowed in pursuance of this Act no sum shall be paid by a candidate at an election or by his agent for any purpose in relation to the conduct or management of such election in excess of the maximum amount authorized by this Act to be paid for that purpose.

(3) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice.

Voting by prohibited persons to be illegal.

9. —(1) Any person who votes or induces or procures any person to vote at any election knowing that he or such person is prohibited, whether by this or any other Act, from voting at such election, shall be guilty of an illegal practice.

(2) Provided that a candidate shall not be liable, nor shall his election be avoided for any illegal practice under this section committed by his agent other than his election agent.

Voting when disqualified or more than once to be illegal practice.

10. —(1) Every person who votes at an election while he is, by or under this or any other Act, declared to be incapable of voting at that election, shall be guilty of an illegal practice.

(2) Every person who votes more than once at an election (whether in the same or in different constituencies) shall, notwithstanding the fact that the name of such person appears on the register of electors, be guilty of an illegal practice.

(3) The Court before which a person is convicted under this section of having voted more than once at an election may, if it is satisfied that the second question prescribed by sub-section (1) of section 29 of the Electoral Act, 1923 (No. 12 of 1923) was not asked of such person on the second or any subsequent occasion on which he so voted, and the Court thinks it just in the special circumstances of the case so to do, mitigate or entirely remit any incapacity imposed by this Act by reason of such conviction.

Certain false statements concerning a candidate to be illegal practice.

11. —(1) Every person who, before or during any election and for the purpose of affecting the return of any candidate at that election, makes or publishes any false statement of fact in relation to the personal character or conduct of such candidate, and the directors of any body or association corporate which before or during any election and for the purpose aforesaid makes or publishes any such false statement as aforesaid, shall be guilty of an illegal practice.

(2) No person shall be guilty of an illegal practice under this section if he shows that he had reasonable grounds for believing, and did believe, the statement made or published by him to be true.

(3) A candidate shall not be liable nor shall his election be avoided for any illegal practice under this section committed by his agent other than his election agent, unless it is shown that the candidate or his election agent authorised or consented to the committing of such illegal practice by such other agent, or paid for the circulation of the false statement constituting the illegal practice, or unless an election court reports that it was proved that the election of such candidate was procured or materially assisted in consequence of the making or publishing of such false statement.

(4) Any person charged with an offence under this section, and the husband or wife of such person, as the case may be, shall be competent to give evidence in answer to such charge.

(5) Any person who shall make or publish any such false statement as is mentioned in this section may be restrained by injunction from any repetition of such false statement or any false statement of a similar character in relation to such candidate, and for the purpose of granting an interim injunction prima facie proof of the falsity of the statement shall be sufficient.

Disorderly conduct at a meeting to be illegal practice.

12. —(1) Every person who at a meeting to which this section applies acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty of an illegal practice.

(2) Every person who incites others to commit an offence under this section shall be guilty of an illegal practice.

(3) This section applies to all lawful public political meetings held in a constituency either—

(a) between the date of the issue of a writ for the election of a member or members of Dáil Eireann for that constituency and the day after the day on which such election is held; or

(b) between the date of a proclamation appointing the day on which a Seanad election is to be held and the day after the day on which such election is held; or

(c) between the date of a proclamation appointing the day on which a Referendum is to be taken and the day after the day on which such Referendum is taken.

Name and address of printer to be on all placards, etc.

13. —Every bill, placard, or poster having reference to an election shall bear upon the face thereof the name and address of the printer and publisher thereof; and any person printing, publishing, or posting, or causing to be printed, published, or posted, any such bill, placard, or poster as aforesaid, which fails to bear upon the face thereof the name and address of the printer and publisher, shall, if he is a candidate, or the election agent of a candidate, be guilty of an illegal practice, and shall, if he is not a candidate, or the election agent of a candidate, be liable on summary conviction to a fine not exceeding one hundred pounds.

Expenses incurred by unauthorised persons.

14. —(1) A person other than the election agent of a candidate shall not incur any expenses on account of holding public meetings or issuing advertisements, circulars or publications for the purpose of promoting or procuring the election of any candidate at an election, unless he is authorised in writing to do so by such election agent.

(2) Every person who acts in contravention of this section shall be guilty of an illegal practice.

(3) Any expenses incurred on account of any such purpose as aforesaid and authorised by the election agent of the candidate shall be duly returned as part of the candidate's election expenses.

Punishment on conviction of illegal practice.

15. —Every person guilty of an illegal practice, whether under any of the foregoing sections or any of the provisions hereinafter contained in this Act, shall on summary conviction be liable to a fine not exceeding one hundred pounds and shall, during a period of five years from the date of his conviction, be incapable of being registered as a Dáil, Seanad or Local Government elector, or of voting at any Dáil, Seanad or Local Government election or at a Referendum.

Disqualification of candidate guilty of illegal practice.

16. —(1) Whenever an election court reports that any illegal practice has been proved to have been committed in reference to an election to either House of the Oireachtas by or with the knowledge and consent of any candidate at such election, such candidate shall during a period of seven years from the date of the report, be incapable of being elected to or being a member of the Oireachtas, and if he has been elected to either House of the Oireachtas his election shall be void, and he shall also be subject to the same incapacities as if at the date of the report he had been convicted of an illegal practice.

(2) Whenever an election court reports that any illegal practice has been proved to have been committed in reference to an election to either House of the Oireachtas by any agent of a candidate at such election, that candidate shall be incapable of being elected to or being a member of Dáil Eireann during the continuance of that Oireachtas and shall be incapable of being elected to or being a member of Seanad Eireann before the next triennial elections thereto and if he has been elected his election shall be void.

Certain expenditure to be illegal payment.

17. —Every person who knowingly provides money for any payment which is contrary to the provisions of this Act, or for any expenses incurred in excess of any maximum amount allowed by this Act, or for replacing any money expended in any such payment or expenses shall be guilty of illegal payment, unless such payment is allowed in pursuance of this Act to be an exception.

Certain employment to be illegal.

18. —(1) No person shall, for the purpose of promoting or procuring the election of a candidate at any election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for any purposes or capacities mentioned in the first or second parts of the First Schedule to this Act, or except so far as payment is authorised by the first or second parts of the First Schedule to this Act.

(2) Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or employed in contravention of this section, either before, during, or after an election the person engaging or employing him shall be guilty of illegal employment, and the person so engaged or employed shall also be guilty of illegal employment if he knew that he was engaged or employed contrary to law.

Certain premises not to be used for committee room.

19. —(1) No premises to which this section applies nor any part of any such premises shall be used as a committee room for the purpose of promoting or procuring the election of a candidate at any election.

(2) Every person who hires or uses any premises to which this section applies or any part of any such premises for such committee room as aforesaid shall be guilty of an illegal hiring and the person letting such premises or part thereof if he knew that it was intended to use the same as such committee room shall also be guilty of an illegal hiring.

(3) This section applies to the following premises, that is to say:—

(a) any premises on which the sale by wholesale or retail of any intoxicating liquor is authorised by a licence (whether the licence be for consumption on or off the premises); or

(b) any premises where any intoxicating liquor is sold, or is supplied to members of a club, society or association other than a permanent political club; or

(c) any premises whereon refreshment of any kind, whether food or drink, is ordinarily sold for consumption on the premises; or

(d) the premises of any public elementary school in receipt of an annual parliamentary grant, or any part of any such premises.

(4) This section does not apply to any part of any such premises as aforesaid which is ordinarily let for the purpose of chambers or offices or the holding of public meetings or of arbitrations, if such part has a separate entrance and no direct communication with any part of the premises on which any intoxicating liquor or refreshment is sold or supplied as aforesaid.

Punishment of illegal payment, employment or hiring.

20. —(1) A person guilty of an offence of illegal payment, employment, or hiring shall, on summary conviction, be liable to a fine not exceeding one hundred pounds.

(2) A candidate or an election agent of a candidate who is personally guilty of an offence of illegal payment, employment, or hiring shall be guilty of an illegal practice.

Saving for creditors.

21. —The provisions of this Act prohibiting certain payments and contracts for payments, and the payment of any sum, and the incurring of any expense in excess of a certain maximum, shall not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of the same being in contravention of this Act.